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The panel summed up the plaintiffs’ case as follows: “The SAC alleges that: Section 791.234(6) [state lifer law] continues to be enforced against Plaintiffs in violation of the Eighth and Fourteenth Amendments (Count I); Michigan’s amended sentencing scheme violates the Eighth Amendment by subjecting juvenile offenders to sentences of life without parole (Count II); Michigan’s policies and procedures governing parole deny Plaintiffs a meaningful opportunity for release in violation of the Eighth and Fourteenth Amendments (Count IV); the deprivation of Plaintiffs’ good time and disciplinary credits in Section 769.25a(6) violates the Ex Post Facto Clause (Count V); and Defendants have failed to provide the Plaintiffs with access to programming, education, training, and rehabilitation opportunities in violation of the Eighth and Fourteenth Amendments (Count VI).” In Detroit, Kim Craighead, with family members, campaigns for freedom for her husband Michael Calvin and his childhood friend Charles Lewis, both part of the Michigan 247. Although that issue has not been raised in this case, Skinner and Hyatt have nevertheless delayed the Michigan sentencing and appeals processes for youth offenders convicted of first-degree murder.” The panel said further, “The delay in resentencing endured here certainly gives us pause.
Each has spent over 41 years in prison for crimes they did not commit. But resentencing pursuant to Sections 769.25 and 769.25a, although slow, is inevitable.
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As applied to him, the mandatory minimum of 25 years, which was imposed upon him at resentencing pursuant to MCL 769.25a(4)(c), was an unconstitutional increase from his original, clauses are designed to secure substantial personal rights against arbitrary and oppressive legislation,” he says.
Among other legal precedents, he cites, “In one of the earliest criminal procedure decisions of the US Supreme Court, ” was a term of art with an established meaning, the Court set forth four ways a law could violate the prohibition: “[1.] Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
“Our focus right now needs to be on urging legislators to uniformly implement new sentences for the remaining people that have to be resentenced and revise MCL 769.25 so that they can receive sentences such as 15- to 30-year minimums and change the maximum sentence allowed from 60 to 40 years.
It would save the state millions of dollars for resentencing hearings and be a fair and sensible alternative to sending everyone back to get resentenced.” laws, not only due to the denial of good time credits, but also the replacement of his original, constitutional sentence of 10-40 years handed down by Judge Vera Massey Jones in 1994.